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Batas Pambansa Bilang 881
Batas Pambansa Bilang 881
ARTICLE I.
GENERAL PROVISIONS
Sec. 1. Title. - This Act shall be known and cited as the "Omnibus Election
Code of the Philippines."
Sec. 2. Applicability. - This Code shall govern all election of public officers
and, to the extent appropriate, all referenda and plebiscites.
The campaign periods shall not include the day before and the day of the
election.
The Commission shall send sufficient copies of its resolution for the
holding of the election to its provincial election supervisors and election
registrars for dissemination, who shall post copies thereof in at least three
conspicuous places preferably where public meetings are held in each city
or municipality affected.
It shall be the duty of the Postmaster General, the Director of the Bureau of
Telecommunications, and the managers of private telecommunication
companies to transmit immediately and in preference to all other
communications or telegrams messages reporting election results and
such other messages or communications which the Commission may
require or may be necessary to ensure free, honest and orderly elections.
Funds needed by the Commission to defray the expenses for the holding of
regular and special elections, referenda and plebiscites shall be provided
in the regular appropriations of the Commission which, upon request, shall
immediately be released to the Commission. In case of deficiency, the
amount so provided shall be augmented from the special activities funds in
the general appropriations act and from those specifically appropriated for
the purpose in special laws.
Sec. 11. Failure to assume office. - The office of any official elected who
fails or refuses to take his oath of office within six months from his
proclamation shall be considered vacant, unless said failure is for a cause
or causes beyond his control.
Sec. 13. Regular election for President and Vice-President. - The regular
election for President and Vice-President of the Philippines shall be held on
the first Monday of May Nineteen hundred eighty seven (1987) and on the
same day every six years thereafter. The President-elect and the Vice-
President-elect shall assume office at twelve o'clock noon on the thirtieth
day of June next following the election and shall end at noon of the same
date, six years thereafter when the term of his successor shall begin.
The provincial, city and district boards of canvassers shall prepare the
certificate of canvass for the election of President and Vice-President,
supported by a statement of votes by polling place, in quintuplicate by the
use of carbon papers or such other means as the Commission shall
prescribe to the end that all five copies shall be legibly produced in one
handwriting. The five copies of the certificate of canvass must bear the
signatures and thumbmarks of all the members of the board. Upon the
completion of these certificates and statements, they shall be enclosed in
envelopes furnished by the Commission and sealed, and immediately
distributed as follows: the original copy shall be enclosed and sealed in the
envelope directed to the Speaker and delivered to him at the Batasang
Pambansa by the fastest possible means; the second copy shall likewise
be enclosed and sealed in the envelope directed to the Commission; the
third copy shall be retained by the provincial election supervisor, in the
case of the provincial board of canvassers, and by the city election
registrar, in the case of the city board of canvassers; and one copy each to
the authorized representatives of the ruling party and the dominant
opposition political party. Failure to comply with the requirements of this
section shall constitute an election offense.
Sec. 18. Preservation of ballot boxes, their keys, and disposition of their
contents. - Until after the completion by the Batasang Pambansa of the
canvassing of the votes and until an uncontested proclamation of the
President-elect and Vice-President-elect shall have been obtained, the
provincial, city or district board of canvassers under the joint responsibility
with the provincial, city or municipal treasurers shall provide for the
safekeeping and storage of the ballot boxes in a safe and closed chamber
secured by four padlocks: one to be provided by the corresponding board
chairman; one by the provincial or city treasurer concerned; and one each
by the ruling party and the accredited dominant opposition political party.
In case there are certificates of canvass which have not been submitted to
the Speaker of the Batasang Pambansa on account of missing election
returns, a proclamation may be made if the missing certificates will not
affect the results of the election.
ARTICLE III.
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
Sec. 22. Special election for Members of the Batasang Pambansa. - In case
a vacancy arises in the Batasang Pambansa eighteen months or more
before a regular election, the Commission shall call a special election to be
held within sixty days after the vacancy occurs to elect the Member to
serve the unexpired term.
Region 1: Abra, 1; Benguet, 1; Ilocos Norte with Laoag City, 2; Ilocos Sur,
2; La Union, 2; Mountain Province, 1; Pangasinan with the cities of
Dagupan and San Carlos, 6; Baguio City, 1.
Region II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela, 3; Kalinga-Apayao, 1;
Nueva Vizcaya, 1; Quirino, 1.
Region III: Bataan, 1; Bulacan, 4; Nueva Ecija with the cities of Cabanatuan,
Palayan and San Jose, 4; Pampanga with Angeles City, 4; Tarlac, 2;
Zambales, 1; Olongapo City, 1.
Region IV: Aurora, 1; Batangas with the cities of Batangas and Lipa, 4;
Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3; Laguna
with San Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1; Oriental
Mindoro, 2; Palawan with Puerto Princesa City, 1; Quezon with Lucena City,
4; Rizal, 2; Romblon, 1.
Region VI: Aklan, 1; Antique, 1; Capiz with Roxas City; Iloilo with Iloilo City,
5; Negros Occidental with the cities of Bacolod, Bago, Cadiz, La Carlota,
San Carlos and Silay, 7.
Region VII: Bohol with Tagbilaran City, 3; Cebu with the cities of Danao,
Lapu-Lapu, Mandaue and Toledo, 6; Negros Oriental with the cities of Bais,
Canlaon and Dumaguete, 3; Siquijor, 1; Cebu City, 2.
Region VIII: Leyte with the cities of Ormoc and Tacloban, 5; Southern
Leyte, 1; Eastern Samar, 1; Northern Samar, 1; Samar with Calbayog City,
2.
Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Norte with the
cities of Dapitan and Dipolog, 2; Zamboanga del Sur with Pagadian City, 3;
Zamboanga City, 1.
Region X: Agusan del Norte with Butuan City, 1; Agusan del Sur, 1;
Bukidnon, 2; Camiguin, 1; Misamis Occidental with the cities of Oroquieta,
Ozamis and Tangub, 1; Misamis Oriental with Gingoog City, 2; Surigao del
Norte with Surigao City, 1; Cagayan de Oro City, 1.
Region XI: Surigao del Sur, 1; Davao del Norte, 3; Davao Oriental, 1; Davao
del Sur, 2; South Cotabato with General Santos City, 3; Davao City, 2.
Region XII: Lanao del Norte, 1; Lanao del Sur with Marawi City, 2;
Maguindanao with Cotabato City, 2; North Cotabato, 2; Sultan Kudarat, 1;
Iligan City, 1.
Any province that may hereafter be created or any component city that may
hereafter be declared by or pursuant to law as a highly urbanized city shall
be entitled in the immediately following election to at least one Member or
such number of Members as it may be entitled to on the basis of the
number of the inhabitants and on the same uniform and progressive ratio
used in the last preceding apportionment. The number of Members
apportioned to the province out of which the new province was created or
where the new highly urbanized city is geographically located shall be
correspondingly adjusted by the Commission, but such adjustment shall
not be made within one hundred twenty days before the election.
Sec. 25. Voting by province and its component cities, by highly urbanized
city or by district in Metropolitan Manila. - All candidates shall be voted at
large by the registered voters of their respective constituencies. The
candidates corresponding to the number of Member or Members to be
elected in a constituency who receive the highest number of votes shall be
declared elected.
Sec. 27. Scope of the sectors. - The agricultural labor sector covers all
persons who personally and physically till the land as their principal
occupation. It includes agricultural tenants and lessees, rural workers and
farm employees, owner-cultivators, settlers and small fishermen.
The youth sector embraces persons not more than twenty-five years of
age.
Sec. 28. Selection of sectoral representatives. - Not later than twenty days
after the election of provincial, city or district representatives, the most
representative and generally recognized organizations or aggroupments of
members of the agricultural labor, industrial labor, and youth sectors, as
attested to by the Ministers of Agrarian Reform and of Agriculture and
Food, the Ministers of Labor and Employment, and the Ministers of Local
Government and of Education, Culture and Sports, respectively, shall, in
accordance with the procedures of said organizations or aggroupments of
members of the sector, submit to the President their respective nominees
for each slot allotted for each sector. The President shall appoint from
among the nominees submitted by the aforementioned organizations or
aggroupments the representatives of each sector.
ARTICLE IV.
ELECTION OF LOCAL OFFICIALS
Sec. 29. Regular elections of local officials. - The election of provincial, city
and municipal officials whose positions are provided for by the Local
Government Code shall be held throughout the Philippines in the manner
herein prescribed on the first Monday of May, Nineteen hundred and
eighty-six and on the same day every six years thereafter.
The officials elected shall assume office on the thirtieth day of June next
following the election and shall hold office for six years and until their
successors shall have been elected and qualified.
All local incumbent officials whose tenure of office shall expire on March
23, 1986 shall hold office until June 30, 1986 or until their successors shall
have been elected and qualified: Provided, That they cannot be suspended
or removed without just cause.
Sec. 30. Component and highly urbanized cities. - Unless their respective
charters provide otherwise, the electorate of component cities shall be
entitled to vote in the election for provincial officials of the province of
which it is a part.
The electorate of highly urbanized cities shall not vote in the election for
provincial officials of the province in which it is located: Provided,
however, That no component city shall be declared or be entitled to a
highly urbanized city status within ninety days prior to any election.
ARTICLE V.
ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY OF THE
AUTONOMOUS REGIONS.
Region IX: Basilan, one (1); Sulu, three (3); Tawi-Tawi, one (1); Zamboanga
del Norte including the cities of Dipolog and Dapitan, four, (4); and
Zamboanga del Sur, including the City of Pagadian, six (6); and Zamboanga
City, two (2);
Region XII: Lanao del Norte, two (2); Iligan City, one (1); Lanao del Sur
including the City of Marawi, four (4); Maguindanao including the City of
Cotabato, four (4); North Cotabato, four (4); and Sultan Kudarat, two (2).
The President of the Philippines shall in writing notify the Speaker of the
Sangguniang Pampook of each region of the appointment made by him of
any sectoral representative.
ARTICLE VI.
ELECTION OF BARANGAY OFFICIALS
Sec. 37. Regular election of barangay officials. - The election for barangay
officials shall be held throughout the Philippines in the manner prescribed
on the second Monday of May Nineteen hundred and eighty-eight and on
the same day every six years thereafter.
The officials elected shall assume office on the thirtieth day of June next
following the election and shall hold office for six years and until their
successors shall have been elected and qualified.
In case the secretary refuses to receive the same, or in the case of his
absence or non-availability, a candidate may file his certificate with the
election registrar of the city or municipality concerned.
Sec. 40. Board of Election Tellers. - (1) The Commission shall constitute not
later than ten days before the election a board of election tellers in every
barangay polling place, to be composed of a public elementary school
teacher as chairman, and two members who are registered voters of the
polling place concerned, but who are not incumbent barangay officials nor
related to any candidate for any position in that barangay within the fourth
civil degree of affinity or consanguinity.
(2) The board of election tellers shall supervise and conduct the election in
their respective polling places, count the votes and thereafter prepare a
report in triplicate on a form prescribed by the Commission. The original of
this report shall be delivered immediately to the barangay board of
canvassers. The second copy shall be delivered to the election registrar
and the third copy shall be delivered to the secretary of the sangguniang
barangay who shall keep the same on file.
Sec. 41. Registration of voters and list of voters. - Not later than seven days
before the election, the board of election tellers shall meet in every
barangay polling place to conduct the registration of barangay voters and
to prepare the list of voters. Any voter may challenge the qualification of
any person seeking to register and said challenge shall be heard and
decided on the same day by the board of election tellers.
The final list of voters shall be posted in the polling places at least two
days before election day. The registration of any voter shall not be
transferred without written notice at least two days before the date of
election. Not later than the day following the barangay election, the board
of election tellers shall deliver the list of voters to the election registrar for
custody and safekeeping.
Sec. 42. Polling places. - (1) The chairman of the board of election tellers
shall designate the public school or any other public building within the
barangay to be used as polling place in case the barangay has one election
precinct. (2) For barangays with two or more election precincts the
chairman of the board of canvassers shall designate the public school or
any other public building to be used as polling place.
In case there is no public school or other public building that can be used
as polling places, other appropriate private buildings may be designated:
Provided, That such buildings are not owned or occupied or possessed by
any incumbent elective public official or candidate, or his relative within the
fourth civil degree of consanguinity or affinity. The polling place shall be
centrally located as possible, always taking into consideration the
convenience and safety of the voters.
Sec. 43. Official barangay ballots. - The official barangay ballots shall be
provided by the city or municipality concerned of a size and color to be
prescribed by the Commission.
Such official ballots shall, before they are handed to the voter at the polling
place, be authenticated in the presence of the voter, by the authorized
representatives of the candidates and the chairman and members of the
board of election tellers who shall affix their signatures at the back thereof.
Any ballot which is not authenticated shall be deemed spurious.
Sec. 44. Ballot boxes. - The Commission shall provide the ballot boxes for
each barangay polling place, but each candidate may be permitted to
provide a padlock for said ballot box.
Sec. 45. Postponement or failure of election. - When for any serious cause
such as violence, terrorism, loss or destruction of election paraphernalia or
records, force majeure, and other analogous causes of such nature that the
holding of a free, orderly and honest election should become impossible in
any barangay, the Commission, upon a verified petition of an interested
party and after due notice and hearing at which the interested parties are
given equal opportunity to be heard, shall postpone the election therein for
such time as it may deem necessary.
Sec. 47. Activities during the campaign period. - During the campaign
period, the punong barangay if he is not a candidate, or any resident of the
barangay designated by the Commission, shall convene the barangay
assembly at least once for the purpose of allowing the candidates to
appear at a joint meeting duly called, upon proper and with at least two
days notice, to explain to the barangay voters their respective program of
administration, their qualifications, and other information that may help
enlighten voters in casting their votes.
The members of the barangay assembly may take up and discuss other
matters relative to the election of barangay officials.
Sec. 48. Watchers. - Candidates may appoint two watchers each, to serve
alternately, in every polling place within the barangay, who shall be
furnished with a signed copy of the results of the election, in such form as
the Commission may prescribe, immediately after the completion of the
canvass.
Sec. 49. Inclusion and exclusion cases. - Inclusion and exclusion cases
which shall be decided not later than seven before the date of the election
shall be within the exclusive original jurisdiction of the municipal or
metropolitan trial court. The notice of such decision shall be served to all
parties within twenty-four hours following its promulgation and any party
adversely affected may appeal therefrom within twenty-four hours to the
regional trial court which shall finally decide the same not later than two
days before the date of the election.
ARTICLE VII.
THE COMMISSION ON ELECTIONS
(a) Exercise direct and immediate supervision and control over national
and local officials or employees, including members of any national or
local law enforcement agency and instrumentality of the government
required by law to perform duties relative to the conduct of elections. In
addition, it may authorize CMT cadets eighteen years of age and above to
act as its deputies for the purpose of enforcing its orders.
(b) During the period of the campaign and ending thirty days thereafter,
when in any area of the country there are persons committing acts of
terrorism to influence people to vote for or against any candidate or
political party, the Commission shall have the power to authorize any
member or members of the Armed Forces of the Philippines, the National
Bureau of Investigation, the Integrated National Police or any similar
agency or instrumentality of the government, except civilian home defense
forces, to act as deputies for the purpose of ensuring the holding of free,
orderly and honest elections.
(d) Summon the parties to a controversy pending before it, issue subpoena
and subpoena duces tecum, and take testimony in any investigation or
hearing before it, and delegate such power to any officer of the
Commission who shall be a member of the Philippine Bar. In case of failure
of a witness to attend, the Commission, upon proof of service of the
subpoena to said witnesses, may issue a warrant to arrest witness and
bring him before the Commission or the officer before whom his
attendance is required.
(e) Punish contempts provided for in the Rules of Court in the same
procedure and with the same penalties provided therein. Any violation of
any final and executory decision, order or ruling of the Commission shall
constitute contempt thereof.
(f) Enforce and execute its decisions, directives, orders and instructions
which shall have precedence over those emanating from any other
authority, except the Supreme Court and those issued in habeas corpus
proceedings.
(h) Procure any supplies, equipment, materials or services needed for the
holding of the election by public bidding: Provided, That, if it finds the
requirements of public bidding impractical to observe, then by negotiations
or sealed bids, and in both cases, the accredited parties shall be duly
notified.
(i) Prescribe the use or adoption of the latest technological and electronic
devices, taking into account the situation prevailing in the area and the
funds available for the purpose: Provided, That the Commission shall
notify the authorized representatives of accredited political parties and
candidates in areas affected by the use or adoption of technological and
electronic devices not less than thirty days prior to the effectivity of the use
of such devices.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their
polling places and cast their votes.
Unless indicated in this Code, the Commission is hereby authorized for fix
the appropriate period for the various prohibited acts enumerated herein,
consistent with the requirements of free, orderly, and honest elections.
Sec. 53. Field offices of the Commission. - The Commission shall have the
following field offices:
The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings, or decisions through
the heads of its field offices.
Sec. 55. Office space. - The local government concerned shall provide a
suitable place for the office of the provincial election supervisor and his
staff and the election registrar and his staff: Provided, That in case of
failure of the local government concerned to provide such suitable place,
the provincial election supervisor or the election registrar, as the case may
be, upon prior authority of the Commission and notice to the local
government concerned, may lease another place for office and the rentals
thereof shall be chargeable to the funds of the local government
concerned.
For purposes of this section, the Commission may avail itself of the
assistance of the Commission on Audit, the Central Bank, the National
Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces
of the Philippines, the Integrated National Police of the Philippines,
barangay officials, and other agencies of the government.
Sec. 59. Publication of official ballots and election returns and printing
thereof. - The Commission shall publish at least ten days before an election
in a newspaper of general circulation certified data on the number of
official ballots and election returns and the names and addresses of the
printers and the number printed by each.
ARTICLE VIII.
POLITICAL PARTIES
Sec. 60. Political party. - "Political party" or "party", when used in this Act,
means an organized group of persons pursuing the same ideology,
political ideas or platforms of government and includes its branches and
divisions. To acquire juridical personality, quality it for subsequent
accreditation, and to entitle it to the rights and privileges herein granted to
political parties, a political party shall first be duly registered with the
Commission. Any registered political party that, singly or in coalition with
others, fails to obtain at least ten percent of the votes cast in the
constituency in which it nominated and supported a candidate or
candidates in the election next following its registration shall, after notice
and hearing be deemed to have forfeited such status as a registered
political party in such constituency.
ARTICLE IX.
ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
Sec. 67. Candidates holding elective office. - Any elective official, whether
national or local, running for any office other than the one which he is
holding in a permanent capacity, except for President and Vice-President,
shall be considered ipso facto resigned from his office upon the filing of
his certificate of candidacy.
Sec. 69. Nuisance candidates. - The Commission may motu proprio or upon
a verified petition of an interested party, refuse to give due course to or
cancel a certificate of candidacy if it is shown that said certificate has been
filed to put the election process in mockery or disrepute or to cause
confusion among the voters by the similarity of the names of the registered
candidates or by other circumstances or acts which clearly demonstrate
that the candidate has no bona fide intention to run for the office for which
the certificate of candidacy has been filed and thus prevent a faithful
determination of the true will of the electorate.
Sec. 70. Guest candidacy. - A political party may nominate and/or support
candidates not belonging to it.
A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written
declaration under oath.
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office,
he shall not be eligible for any of them. However, before the expiration of
the period for the filing of certificates of candidacy, the person who was
filed more than one certificate of candidacy may declare under oath the
office for which he desires to be eligible and cancel the certificate of
candidacy for the other office or offices.
The person filing a certificate of candidacy shall also affix his latest
photograph, passport size; a statement in duplicate containing his bio-data
and program of government not exceeding one hundred words, if he so
desires.
(c) For city and municipal offices, with the city or municipal election
registrar who shall send copies thereof to all polling places in the
city or municipality; and
The duly authorized receiving officer shall immediately send the original
copy of all certificates of candidacy received by him to the Commission.
ARTICLE X.
CAMPAIGN AND ELECTION PROPAGANDA
(b) To erect, put up, make use of, attach, float or display any
billboard, tinplate-poster, balloons and the like, of whatever size,
shape, form or kind, advertising for or against any candidate or
political party;
(e) For any radio broadcasting or television station to sell or give free
of charge air time for campaign and other political purposes except
as authorized in this Code under the rules and regulations
promulgated by the Commission pursuant thereto.
Sec. 86. Regulation of election propaganda through mass media. - (a) The
Commission shall promulgate rules and regulations regarding the sale of
air time for partisan political purposes during the campaign period to
insure the equal time as to duration and quality in available to all
candidates for the same office or political parties at the same rates or given
free of charge; that such rates are reasonable and not higher than those
charged other buyers or users of air time for non-political purposes; that
the provisions of this Code regarding the limitation of expenditures by
candidates and political parties and contributions by private persons,
entities and institutions are effectively enforced; and to ensure that said
radio broadcasting and television stations shall not unduly allow the
scheduling of any program or permit any sponsor to manifestly favor or
oppose any candidate or political party by unduly or repeatedly referring to
or including said candidate and/or political party in such program
respecting, however, in all instances the right of said stations to broadcast
accounts of significant or newsworthy events and views on matters of
public interest.
In all instances, the Commission shall supervise the use and employment
of press, radio and television facilities so as to give candidates equal
opportunities under equal circumstances to make known their
qualifications and their stand on public issues within the limits set forth in
this Code on election spending.
Sec. 87. Rallies, meetings and other political activities. - Subject to the
requirements of local ordinances on the issuance of permits, any political
party supporting official candidates or any candidate individually or jointly
with other aspirants may hold peaceful political rallies, meetings, and other
similar activities during the campaign period: Provided, That all
applications for permits to hold meetings, rallies and other similar political
activities, receipt of which must be acknowledged in writing and which
application shall be immediately posted in a conspicuous place in the city
or municipal building, shall be acted upon in writing by local authorities
concerned within three days after the filing thereof and any application not
acted upon within said period shall be deemed approved: and Provided,
further, That denial of any application for said permit shall be appealable to
the provincial election supervisor or to the Commission whose decision
shall be made within forty-eight hours and which shall be final and
executory: Provided, finally, That one only justifiable ground for denial is a
prior written application by any candidate or political party for the same
purpose has been approved.
Sec. 88. Public rally. - Any political party or candidate shall notify the
election registrar concerned of any public rally said political party or
candidate intends to organize and hold in the city or municipality, and
within seven working days thereafter submit to the election registrar a
statement of expenses incurred in connection therewith.
Sec. 89. Transportation, food and drinks. - It shall be unlawful for any
candidate, political party, organization, or any person to give or accept,
free of charge, directly or indirectly, transportation, food or drinks or things
of value during the five hours before and after a public meeting, on the day
preceding the election, and on the day of the election; or to give or
contribute, directly or indirectly, money or things of value for such
purpose.
Sec. 90. Comelec space. - The Commission shall procure space in at least
one newspaper of general circulation in every province or city: Provided,
however, That in the absence of said newspaper, publication shall be done
in any other magazine or periodical in said province or city, which shall be
known as "Comelec Space" wherein candidates can announce their
candidacy. Said space shall be allocated, free of charge, equally and
impartially by the Commission among all candidates within the area in
which the newspaper is circulated.
Sec. 92. Comelec time. - The Commission shall procure radio and television
time to be known as "Comelec Time" which shall be allocated equally and
impartially among the candidates within the area of coverage of all radio
and television stations. For this purpose, the franchise of all radio
broadcasting and television station are hereby amended so as to provide
radio television time, free of charge, during the period of the campaign.
Sec. 93. Comelec information bulletin. - The Commission shall cause the
printing, and supervise the dissemination of bulletins to be known as
"Comelec Bulletin" which shall be of such size as to adequately contain the
picture, bio-data and program of government of every candidate. Said
bulletin shall be disseminated to the voters or displayed in such places as
to give due prominence thereto. Any candidate may reprint at his expense,
any "Comelec Bulletin" upon prior authority of the Commission: Provided,
That the printing of the names of the different candidates with their bio-
data must be in alphabetical order irrespective of party affiliation.
ARTICLE XI.
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
(d) Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions
or instrumentalities, including government-owned or controlled
corporations;
(e) Natural and juridical persons who, within one year prior to the
date of the election, have been granted loans or other
accommodations in excess of P100,000 by the government or any of
its divisions, subdivisions or instrumentalities including
government-owned or controlled corporations;
Sec. 97. Prohibited raising of funds. - It shall be unlawful for any person to
hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty
contests, entertainments, or cinematographic, theatrical or other
performances for the purpose of raising funds for an election campaign or
for the support of any candidate from the commencement of the election
period up to and including election day; or for any person or organization,
whether civic or religious, directly or indirectly, to solicit and/or accept
from any candidate for public office, or from his campaign manager, agent
or representative, or any person acting in their behalf, any gift, food,
transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election day;
Provided, That normal and customary religious stipends, tithes, or
collections on Sundays and/or other designated collection days, are
excluded from this prohibition.
Sec. 98. True name of contributor required. - No person shall make any
contribution in any name except his own nor shall any candidate or
treasurer of a political party receive a contribution or enter or record the
same in any name other than that of the person by whom it was actually
made.
(c) For telegraph and telephone tolls, postage, freight and express
delivery charges;
(d) For stationery, printing and distribution of printed matters relative
to candidacy;
(g) For political meetings and rallies and the use of sound systems,
lights and decorations during said meetings and rallies;
(i) For employment of counsel, the cost of which shall not be taken
into account in determining the amount of expenses which a
candidate or political party may have incurred under Section 100 and
101 hereof;
(k) For printing sample ballots in such color, size and maximum
number as may be authorized by the Commission and the cost of
such printing shall not be taken into account in determining the
amount of expenses which a candidate or political party may have
incurred under Sections 100 and 101 hereof.
(b) Every candidate and treasurer of the party shall keep detailed,
full, and accurate records of all contributions received and
expenditures incurred by him and by those acting under his
authority, setting forth therein all information required to be
reported.
Within thirty days after the day of the election, said candidate and treasurer
shall also file in duplicate a supplemental statement of all contribution and
expenditures not included in the statement filed prior to the day of the
election.
Sec. 108. Place for filing statements. - The statements of contributions and
expenditures shall be filed as follows:
(d) Those of candidates for city, municipal and barangay offices, with
the election registrar concerned.
If the statement is sent by mail, it shall be by registered mail, and the date
on which it was registered with the post office may be considered as the
filing date thereof if confirmed on the same date by telegram or radiogram
addressed to the office or official with whom the statement should be filed.
The same prohibition shall apply if the political party which nominated the
winning candidate fails to file the statements required herein within the
period prescribed by this Code.
Sec. 112. Report of contractor and business firms. - Every person or firm to
whom any electoral expenditure is made shall, within thirty days after the
day of the election, file with the Commission a report setting forth the full
names and exact addresses of the candidates, treasurers of political
parties, and other persons incurring such expenditures, the nature or
purpose of each expenditure, the date and costs thereof, and such other
particulars as the Commission may require. The report shall be signed and
sworn to by the supplier or contractor, or in case of a business firm or
association, by its president or general manager.
ARTICLE XII.
REGISTRATION OF VOTERS
For purposes of the next following election, the Commission, through the
election registrars, shall assign the proper precincts and polling places to
the registered voters in said list. Written notice of any such change shall be
made to the affected voters within two weeks therefrom.
Sec. 114. Renewal of the Permanent List. - The list of voters prepared in
accordance with the preceding section shall be renewed in nineteen
hundred and ninety-six and every twelve years thereafter.
Sec. 116. Who may be registered in the list. - All persons having complied
with the requisites herein prescribed for the registration of voters shall be
registered in the list, provided they possess all the qualifications and none
of the disqualifications of a voter. Those who failed to register in the
election of 1984, for any reason whatsoever, may register in accordance
with the provisions of this Code. Any person who may not have on the date
of registration the age or period of residence required may also be
registered upon proof that on the date of the election, plebiscite or
referendum he shall have such qualifications.
(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having
been removed by plenary pardon or granted amnesty: Provided,
however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five
years after service of sentence.
Sec. 119. Preparation of the permanent list of voters. - For the preparation
of the permanent list of voters in nineteen hundred and ninety-six and
every twelve years thereafter, the board of election inspectors referred to in
Article XIV hereof of each election precinct shall hold four meetings on the
seventh Saturday, seventh Sunday, sixth Saturday and sixth Sunday
preceding the date of the regular election to be held. At these meetings the
board shall prepare eight copies of the list of voters of the precinct wherein
it shall register the electors applying for registration.
Sec. 120. Preparation of the list before other regular elections. - For the
preparation of the list before other regular elections, the board of election
inspectors of each election precinct shall meet in the polling place on the
seventh and sixth Saturdays before the day of the election. At these
meetings, the board shall prepare and certify eight copies of the list of
voters of the corresponding precinct transferring thereto the names of the
voters appearing in the list used in the preceding election and including
therein such new qualified voters as may apply for registration, as provided
in Section 126 hereof.
Sec. 121. Preparation of the list before any special election, plebiscite or
referendum. - For the preparation of the list of voters before a special
election, plebiscite or referendum, the board of elections inspectors of
each election precinct shall hold a meeting in the polling place on the
second Saturday following the day of the proclamation calling such
election. At this meeting the board shall transfer the names of the voters
appearing in the list used in the preceding election and enter those of the
newly registered voters.
Sec. 122. Transfer of names of voters from the permanent list to the current
one. - The transfer of the names of the voters of the precinct already
registered in the list used in the preceding election to the list to be made as
provided for in the two preceding sections is a ministerial duty of the
board, and any omission or error in copying shall be corrected motu
proprio, or upon petition of the interested party, without delay and in no
case beyond three days from the time such error is noticed; and if the
board should refuse, the interested party may apply for such correction to
the proper municipal or metropolitan trial court which shall decide the case
without delay and in no case beyond three days from the date the petition
is filed. The decision of the proper municipal or metropolitan trial court
shall be final and unappealable in whatever form or manner.
Sec. 124. Meeting to close the list of voters. - The board of election
inspectors shall also meet on the second Saturday immediately preceding
the day of the regular election, or on the second day immediately preceding
the day of the special election, plebiscite or referendum whether it be
Sunday or a legal holiday, for the purpose of making such inclusions,
exclusions, and corrections as may be or may have been ordered by the
courts, stating opposite every name so corrected, added, or cancelled, the
date of the order and the court which issued the same; and for the
consecutive numbering of the voters of the election precinct.
Should the board fail to include in the list of voters any person ordered by
competent court to be so included, said person shall, upon presentation of
a certified copy of the order of inclusion and upon proper identification, be
allowed by the board to vote.
Should the board fail to exclude from the list of voters any person ordered
by the court to be so excluded, the board shall not permit said person to
vote upon presentation to it by any interested party of a certified copy of
the order of exclusion.
(c) Citizenship;
(d) Periods of residence in the Philippines and in the place of
registration;
(e) Exact address with the name of the street and house number or in
case there is none, a brief description of the locality and the place;
(f) A statement that the applicant has not been previously registered,
otherwise he shall be required to attach a sworn application for
cancellation of his previous registration; and
The voter's affidavit shall also contain three specimens of the applicant's
signature and clear and legible prints of his left and right hand thumbmarks
and shall be sworn to and filed together with four copies of the latest
identification photograph to be supplied by the applicant.
The oath of the applicant shall include a statement that he does not have
any of the disqualifications of a voter and that he has not been previously
registered in the precinct or in any other precinct.
Sec. 128. Voter's identification. - The identification card issued to the voter
shall serve and be considered as a document for the identification of each
registered voter: Provided, however, That if the voter's identity is
challenged on election day and he cannot present his voter identification
card, his identity may be established by the specimen signatures, the
photograph or the fingerprints in his voter's affidavit in the book of voters.
No extra or duplicate copy of the voter identification card shall be prepared
and issued except upon authority of the Commission.
Each identification card shall bear the name and the address of the voter,
his date of birth, sex, civil status, occupation, his photograph, thumbmark,
the city or municipality and number of the polling place where he is
registered, his signature, his voter serial number and the signature of the
chairman of the board of election inspectors.
Sec. 129. Action by the board of election inspectors. - Upon receipt of the
voter's affidavit, the board of election inspectors shall examine the data
therein. If it finds that the applicant possesses all the qualifications and
none of the disqualifications of a voter, he shall be registered. Otherwise,
he shall not be registered.
The name and address of each registered voter shall, immediately upon his
registration, be entered in the proper alphabetical group in the list after
which the voter identification card shall be issued to the voter.
Should the book of voters in the custody of the election registrar be lost or
destroyed at a time so close to the election day that there is no time to
reconstitute the same, the corresponding book of voters in the provincial
file shall be used during the voting.
Sec. 131. National central file of registered voters. - There shall also be a
national central file or registered voters consisting of the triplicate copies
of all approved voters' affidavits in all cities and municipalities which shall
be prepared and kept in the central office of the Commission. The
applications in the national central file shall be compiled alphabetically
according to the surnames of the registered voters regardless of the place
of registration.
Sec. 132. Preservation of voter's affidavits. - A copy of the affidavit of each
voter shall be kept by the board of election inspectors until after the
election when it shall deliver the same to the election registrar together
with the copies of the list of voters and other election papers for use in the
next election. The election registrar shall compile the voter's affidavits by
precinct alphabetically in a book of voters. The other two copies shall be
sent by the board of election inspectors on the day following the date of
the affidavit to the office of the provincial election supervisor and the
Commission in Manila. The provincial election supervisor and the
Commission shall respectively file and preserve the voter's affidavits by
city and municipality and in alphabetical order of their surnames. The
fourth copy shall be given to the voter as evidence of his registration.
Sec. 133. Columns in the list of voters. - The list of voters shall be arranged
in columns as follows: In the first column there shall be entered, at the time
of closing of the list before the election, a number opposite the name of
each voter registered, beginning with number one and continuing in
consecutive order until the end of the list. In the second column, the
surnames of the registered voters shall be written in alphabetical order
followed by their respective first names, without abbreviations of any kind.
In the third column, the respective residences of such persons with the
name of the street and number, or, in case there be none, a brief
description of the locality or place. In the fourth column, shall be entered
the periods of residence in the Philippines and in the city or municipality. In
the fifth column, there shall be entered on the day of the election the
numbers of the ballots which were given successively to each voter. In the
sixth column, the voter shall stamp on the day of the election the mark of
the thumb of his right hand and under said mark his signature. And in the
seventh column, the signature of the chairman of the board of election
inspectors who has handed the ballot to the voter. It will be sufficient that
the fifth, sixth, and seventh columns shall be filled in the copy of the list
under the custody of the board of election inspectors which shall see to it
that the thumbmark is stamped plainly.
Sec. 134. Certificate of the board of election inspectors in the list of voters.
- Upon the adjournment of each meeting for the registration of voters, the
board of election inspectors shall close each alphabetical group of
surnames of voters by writing the dates on the next line in blank, which
shall be forthwith signed by each member, and, before adding a new name
on the same page at the next meeting, it shall write the following: "Added
at the _ _ _ meeting" specifying if it is the second third or fourth meeting of
the board, as the case may be. If the meeting adjourned is the last one for
the registration of voters, the board shall, besides closing each
alphabetical group of voters as above provided, add at the end of the list a
certificate (a) of the corrections and cancellations made in the permanent
list, specifying them, or that there has been none, and (b) of the total
number of voters registered in the precinct.
Sec. 135. Publication of the list. - At the first hour of the working day
following the last day of registration of voters, the poll clerk shall deliver to
the election registrar a copy of the list certified to by the board of election
inspectors as provided in the preceding section; another copy, also
certified, shall be sent to the provincial election supervisor of the province,
and another, likewise certified, shall be sent to the Commission, in whose
offices said copies shall be open to public inspection during regular office
hours. On the same day and hour, the poll clerk shall also post a copy of
the list in the polling place in a secure place on the door or near the same
at a height of a meter and a half, where it may be conveniently consulted by
the interested parties. The chairman, poll clerk and the two members of the
board of election inspectors shall each keep a copy of the list which may
be inspected by the public in their residence or office during regular office
hours. Immediately after the meeting for the closing of the list, the poll
clerk shall also send a notice to the election registrar, provincial election
supervisor and the Commission regarding the changes and the numbering
above referred to, to be attached to the copy of the list under their
custody.
After the question has been decided, the board of election inspectors shall
give to each party a brief certified statement setting forth the challenge and
the decision thereon.
Sec. 137. Power of the board of election inspectors to administer oaths and
issue summons. - For the purpose of determining the right of applicants to
be registered as voters in the list, the board of election inspectors shall
have the same power to administer oaths, to issue subpoena and
subpoena duces tecum and to compel witnesses to appear and testify, but
the latter's fees and expenses incident to the process shall be paid in
advance by the party in whose behalf the summons is issued.
Sec. 139. Petition for inclusion of voters in the list. - Any person whose
application for registration has been disapproved by the board of election
inspectors or whose name has been stricken out from the list may apply,
within twenty days after the last registration day, to the proper municipal or
metropolitan trial court, for an order directing the board of election
inspectors to include or reinstate his name in the list, together with the
certificate of the board of election inspectors regarding his case and proof
of service of notice of his petition upon a member of the board of election
inspectors with indication of the time, place, and court before which the
petition is to be heard.
Sec. 142. Petition for exclusion of voters from the list. - Any registered
voter in a city or municipality may apply at any time except during the
period beginning with the twenty-first day after the last registration day of
any election up to and including election day with the proper municipal or
metropolitan trial court, for the exclusion of a voter from the list, giving the
name and residence of the latter, the precinct in which he is registered, and
the grounds for the challenge. The petition shall be sworn to and
accompanied by proof of notice to the board of election inspectors
concerned, if the same is duly constituted, and to the challenged voters.
(g) These applications shall be heard and decided without delay. The
decision shall be rendered within six hours after the hearing and
within ten days from the date of its filing in court. Cases appealed to
the regional trial court shall be decided within ten days from receipt
of the appeal in the office of the clerk of court. In any case, the court
shall decide these petitions not later than the day before the election
and the decision rendered thereon shall be immediately final and
executory, notwithstanding the provisions of Section 138 on the
finality of decisions.
Sec. 144. Canvass to check registration. - The election registrar shall, once
every two years or more often should the Commission deem it necessary in
order to preserve the integrity of the permanent lists of voters, conduct
verification by mail or house-to-house canvass, or both, of the registered
voters of any barangay for purposes of exclusion proceedings.
Sec. 145. Annulment of permanent lists of voters. - Any book of voters not
prepared in accordance with the provisions of this Code or the preparation
of which has been effected with fraud, bribery, forgery, impersonation,
intimidation, force, or any other similar irregularity or which list is
statistically improbable may, upon verified petition of any voter or election
registrar, or duly registered political party, and after notice and hearing, be
annulled by the Commission: Provided, That no order, ruling or decision
annulling a book of voters shall be executed within sixty days before an
election.
Sec. 148. List of voters. - Fifteen days before the date of the regular
election or special election, referendum or plebiscite, the board of election
inspectors must post the final list of voters in each precinct with each and
every page thereof duly signed or subscribed and sworn to by the
members of the board of election inspectors and that failure to comply with
this provision will constitute an election offense.
ARTICLE XIII.
PRECINCTS AND POLLING PLACES
Sec. 149. Precincts and their establishment. - The unit of territory for the
purpose of voting is the election precinct, and every barangay as of the
approval of this Act shall have at least one such precinct.
Sec. 151. Publication of maps or precincts. - At least five days before the
first registration day preceding a regular election or special election or a
referendum or a plebiscite, the Commission shall, through its duly
authorized representative, post in the city hall or municipal building and in
three other conspicuous places in the city or municipality and on the door
of each polling place, a map of the city or municipality showing its division
into precincts with their respective boundaries and indicating therein all
streets and alleys in populous areas and the location of each polling place.
These maps shall be kept posted until after the election, referendum or
plebiscite.
Sec. 152. Polling place. - A polling place is the building or place where the
board of election inspectors conducts its proceedings and where the
voters shall cast their votes.
Sec. 154. Requirements for polling places. - Each polling place shall be, as
far as practicable, a ground floor and shall be of sufficient size to admit and
comfortably accommodate forty voters at one time outside the guard rail
for the board of election inspectors. The polling place shall be located
within the territory of the precinct as centrally as possible with respect to
the residence of the voters therein and whenever possible, such location
shall be along a public road. No designation of polling places shall be
changed except upon written petition of the majority of the voters of the
precinct or agreement of all the political parties or by resolution of the
Commission upon prior notice and hearing.
Sec. 155. Building that shall not be used as polling places. - No polling
place shall be located in a public or private building owned, leased, or
occupied by any candidate or of any person who is related to any
candidate within the fourth civil degree of consanguinity or affinity, or any
officer of the government or leader of any political party, group or faction,
nor in any building or surrounding premises under the actual control of a
private entity, political party or religious organization. In places where no
suitable public building is available, private school buildings may be used
as polling places. No polling place shall be located within the perimeter of
or inside a military or police camp or reservation or within a prison
compound.
Sec. 156. Signs and flags of polling places. - On the day of the voting as
well as on any day that the board of election inspectors might meet, every
polling place shall have in front a sign showing the number of the precinct
to which it belongs and the Philippine flag shall be hoisted at the proper
height.
Sec. 157. Arrangement and contents of polling places. - Each polling place
shall conform as much as possible to the sketch on the following page.
Sec. 158. Voting booth. - During the voting, there shall be in each polling
place a booth for every twenty voters registered in the precinct. Each booth
shall be open on the side fronting the table for the board of election
inspectors and its three sides shall be closed with walls at least seventy
centimeters wide and two meters high. The upper part shall be covered, if
necessary, to preserve the secrecy of the ballot. Each booth shall have in
the background a shelf so placed that voters can write therein while
standing and shall be kept clearly lighted, by artificial lights, if necessary,
during the voting.
The Commission shall post inside each voting booth and elsewhere in the
polling place on the day before the election, referendum and plebiscite a
list containing the names of all the candidates or the issues or questions to
be voted for, and shall at all times during the voting period keep such list
posted in said places.
Sec. 159. Guard rails. - (a) In every polling place there shall be a guard rail
between the voting booths and the table for the board of election
inspectors which shall have separate entrance and exit. The booths shall
be so arranged that they can be accessible only by passing through the
guard rail and by entering through its open side facing the table of the
board of election inspectors.
(b) There shall also be a guard rail for the watchers between the
place reserved for them and the table for the board of election
inspectors and at a distance of not more than fifty centimeters from
the latter so that the watchers may see and read clearly during the
counting of the contents of the ballots and see and count the votes
recorded by the board of election inspectors member on the
corresponding tally sheets.
(c) There shall also be, if possible, guard rails separating the table of
the board of election inspectors from the voters waiting for their turn
to cast their votes, with entrance and exit to give them orderly
access to the table and the booths during the voting.
(d) The polling place shall be so arranged that the booths, the table,
the ballot boxes and the whole polling place, except what is being
written within the booths, shall be in plain view of the board of
election inspectors, the watchers and other persons who may be
within the polling place.
Sec. 160. Ballot boxes. - (a) There shall be in each polling place on the day
of the voting a ballot box one side of which shall be transparent which shall
be set in a manner visible to the voting public containing two
compartments, namely, the compartment for valid ballots which is
indicated by an interior cover painted white and the compartment for
spoiled ballots which is indicated by an interior cover painted red. The
boxes shall be uniform throughout the Philippines and shall be solidly
constructed and shall be closed with three different locks as well as three
numbered security locks and such other safety devices as the Commission
may prescribe in such a way that they can not be opened except by means
of three distinct keys and by destroying such safety devices.
Sec. 161. Tally boards. - At the beginning of the counting, there shall be
placed within the plain view of the board of election inspectors, watchers
and the public, a tally board where the names of all the registered
candidates or the issues or questions to be voted upon shall be written,
and the poll clerk shall record thereon the votes received by each of them
as the chairman of the board of election inspectors reads the ballot.
Sec. 162. Furnishing of ballot boxes, forms, stationeries and materials for
election. - The Commission shall prepare and furnish the ballot boxes,
forms, stationeries and materials necessary for the registration of voters
and the holding of the election.
The provincial, city and municipal treasurer shall have custody of such
election paraphernalia, supplies and materials as are entrusted to him
under the law or rules of the Commission and shall be responsible for their
preservation and storage, and for any loss, destruction, impairment or
damage of any election equipment, material or document in their
possession furnished under this Code.
Sec. 163. Inspection of polling places. - Before the day of the election,
referendum or plebiscite, the Chairman of the Commission shall, through
its authorized representatives, see to it that all polling places are inspected
and such omissions and defects as may be found corrected. The
Commission shall keep the reports on these inspections.
ARTICLE XIV.
BOARD OF ELECTION INSPECTORS
Sec. 165. Oath of the members of the board of election inspectors. - The
members of the board of election inspectors, whether permanent,
substitute or temporary, shall before assuming their office, take and sign
an oath upon forms prepared by the Commission, before an officer
authorized to administer oaths or, in his absence, before any other member
of the board of election inspectors present, or in case no one is present,
they shall take it before any voter. The oaths shall be sent immediately to
the city or municipal treasurer.
The board of election inspectors shall have full authority to maintain order
within the polling place and its premises, to keep access thereto open and
unobstructed, and to enforce obedience to its lawful orders. If any person
shall refuse to obey lawful orders of the board of election inspectors, or
shall conduct himself in a disorderly manner in its presence or within its
hearing and thereby interrupt or disturb its proceedings, the board of
election inspectors may issue an order in writing directing any peace
officer to take such person into custody until the adjournment of the
meeting, but such order shall not be executed as to prevent any person so
taken into custody from exercising his right to vote. Such order shall be
executed by any peace officer to whom it may be delivered, but if none be
present, by any other person deputized by the board of election inspectors
in writing.
Sec. 175. Temporary vacancies. - If, at the time of the meeting of the board
of election inspectors, any member is absent, or the office is still vacant,
the members present shall call upon the substitute or the absent members
to perform the duties of the latter; and, in case such substitute cannot be
found, the members present shall appoint any non-partisan registered
voter of the polling place to temporarily fill said vacancy until the absent
member appears or the vacancy is filled. In case there are two or more
members present, they shall act jointly: Provided, That if the absent
member is one who has been proposed by an accredited political party, the
representative of said political party or in his absence the watchers
belonging to said party shall designate a registered voter of the polling
place to temporarily fill said vacancy: Provided, further, That in the event or
refusal or failure of either representative or watchers of said political party
to make the designation, the members of the board of election inspectors
present shall choose a non-partisan registered voter of the polling place to
fill the vacancy.
Sec. 179. Rights and duties of watchers. - Upon entering the polling place,
the watchers shall present and deliver to the chairman of the board of
election inspectors his appointment, and forthwith, his name shall be
recorded in the minutes with a notation under his signature that he is not
disqualified under the second paragraph of Section 178. The appointments
of the watchers shall bear the personal signature or the facsimile signature
of the candidate or the duly authorized representatives of the political party
or coalition of political parties who appointed him or of organizations
authorized by the Commission under Section 180. The watchers shall have
the right to stay in the space reserved for them inside the polling place.
They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its proceedings
during the registration of voters, to take notes of what they may see or
hear, to take photographs of the proceedings and incidents, if any, during
the counting of votes, as well as of election returns, tally boards and ballot
boxes, to file a protest against any irregularity or violation of law which
they believe may have been committed by the board of election inspectors
or by any of its members or by any persons, to obtain from the board of
election inspectors a certificate as to the filing of such protest and/or of the
resolution thereon, to read the ballots after they shall have been read by
the chairman, as well as the election returns after they shall have been
completed and signed by the members of the board of election inspectors
without touching them, but they shall not speak to any member of the
board of election inspectors, or to any voter, or among themselves, in such
a manner as would distract the proceedings, and to be furnished with a
certificate of the number of votes in words and figures cast for each
candidate, duly signed and thumbmarked by the chairman and all the
members of the board of election inspectors. Refusal of the chairman and
the members of the board of election inspectors to sign and furnish such
certificate shall constitute an election offense and shall be penalized under
this Code.
Sec. 180. Other watchers. - The duly accredited citizens arm of the
Commission shall be entitled to appoint a watcher in every polling place.
Other civic, religious, professional, business, service, youth and any other
similar organizations, with prior authority of the Commission, shall be
entitled collectively to appoint one watcher in every polling place.
ARTICLE XVI.
OFFICIAL BALLOTS AND ELECTION RETURNS
Sec. 181. Official ballots. - Ballots for national and local offices shall be of
uniform size and color and shall be provided at public expense. They shall
be printed on paper with watermarks or other marks that will readily
distinguish the ballot paper from ordinary paper. Each ballot shall be in the
shape of a strip with stub and detachable coupon containing the serial
number of the ballot, and a space for the thumbmark of the voter on the
detachable coupon. It shall bear at the top on the middle portion thereof the
coat of arms of the Republic of the Philippines, the words "Official Ballot",
the name of the city or the municipality and province in which the election
is held, the date of the election, and the following notice: "Fill out this ballot
secretly inside the voting booth. Do not put any distinctive mark on any
part of this ballot."
The ballot shall also contain the names of all the offices to be voted for in
the election, allowing opposite the name of each office, sufficient space or
spaces with horizontal lines where the voter may write the name or names
of the individual candidates voted for by him.
Sec. 182. Emergency ballots. - No ballots other than the official ballots shall
be used or counted, except in the event of failure to receive the official
ballots on time, or where there are no sufficient ballots for all registered
voters or where they are destroyed at such time as shall render it
impossible to provide other official ballots, in which cases the city or
municipal treasurer shall provide other ballots which shall be as similar to
the official ones as circumstances will permit and which shall be uniform
within each polling place. The treasurer shall immediately report such
action to the Commission.
Sec. 184. Printing of official ballots and elections returns. - The official
ballots and election returns shall be printed by the Government Printing
Office and/or the Central Bank printing facilities exclusively, under the
exclusive supervision and control of the Commission which shall
determine and provide the necessary security measures in the printing,
storage and distribution thereof.
The election returns shall be prepared in sets of six copies per set and
shall be numbered consecutively, beginning with number "1" in each city
and municipality. Each set of the election returns shall be printed in such a
manner that will ensure that the entries on the original of the returns are
clearly reproduced on the other copies thereof and shall bear the name of
the city or municipality in which the returns are to be used. For this
purposes, the Commission shall acquire, if necessary, a special kind of
carbon paper or chemically treated paper.
Sec. 185. Sample official ballots. - The Commission shall provide the board
of election inspectors with sample official ballots at the rate of thirty ballots
per polling place. The sample official ballots shall be printed on colored
paper, in all respects like the official ballots but bearing instead the words
"Sample Official Ballot", to be shown to the public and used in
demonstrating how to fill out and fold the official ballots properly. No name
of any actual candidate shall be written on the spaces for voting on the
sample official ballots provided by the Commission, nor shall they be used
for voting.
Sec. 186. Distribution of official ballots and election returns. - The official
ballots and the election returns shall be distributed by the Commission to
each city and municipality at the rate of one and one-fifth ballots for every
voter registered in each polling place; and for election returns, at the rate
of one set each for every polling place.
Sec. 188. Duties of the committee on printing of official ballots and election
returns. - Under such orders or instructions as the Commission may issue,
and in addition to general supervision and control over the printing and
shipment of official ballots and election returns, the committee on printing
of official ballots and election returns shall (a) take charge of the room or
rooms where the paper and paraphernalia used in the printing of official
ballots and election returns are stored and where printed official ballots
and election returns are packed and prepared for shipment, (b) supervise
all aspects relating to the printing, storage and shipment of official ballots
and election returns and report to the Commission any irregularity which
they believe may have been committed, and (c) perform such other related
functions as the Commission may direct.
ARTICLE XVII.
CASTING OF VOTES
Sec. 190. Voting hours. - The casting of votes shall start at seven o'clock in
the morning and shall end at three o'clock in the afternoon, except when
there are voters present within thirty meters in front of the polling place
who have not yet cast their votes, in which case the voting shall continue
but only to allow said voters to cast their votes without interruption. The
poll clerk shall, without delay, prepare a complete list containing the names
of said voters consecutively numbered, and the voters so listed shall be
called to vote by announcing each name repeatedly three times in the order
in which they are listed. Any voter in the list who is not present when his
name is called out shall not be permitted to vote.
Sec. 191. Preliminaries to the voting. - (a) The board of election inspectors
shall meet at the polling place at six-thirty o'clock in the morning of
election day and shall have the book of voters containing all the approved
applications of registration of voters pertaining to the polling place, the
certified list of voters, the certified list of candidates, the ballot box, the
official ballots, sufficient indelible pencils or ball pens for the use of the
voters, the forms to be used, and all other materials which may be
necessary.
(c) The chairman shall forthwith show to the public and the watchers
present the package of official ballots received from the city, or
municipal treasurer duly wrapped and sealed and the number of
pads, the serial numbers and the type forms of the ballots in each
pad appearing on the cover, and the book of voters duly sealed. The
board of election inspectors shall then break the seals of the
package of official ballots and the book of voters. The board of
election inspectors shall enter in the minutes the fact that the
package of ballots, and the book of voters were shown to the public
with their wrapping and corresponding seals intact and/or if they find
that the wrapping and seals are broken, such fact must be stated in
the minutes as well as the number of pads and the serial numbers of
ballots that they find in the package.
(e) The box shall remain locked until the voting is finished and the
counting begins. However, if it should become necessary to make
room for more ballots, the board of election inspectors may open the
box in the presence of the whole board of election inspectors and
the watchers, and the chairman shall press down with his hands the
ballots contained therein without removing any of them, after which
the board of election inspectors shall close the box and lock it with
three padlocks as hereinbefore provided.
Sec. 192. Persons allowed in and around the polling place. - During the
voting, no person shall be allowed inside the polling place, except the
members of the board of election inspectors, the watchers, the
representatives of the Commission, the voters casting their votes, the
voters waiting for their turn to get inside the booths whose number shall
not exceed twice the number of booths and the voters waiting for their turn
to cast their votes whose number shall not exceed twenty at any one time.
The watchers shall stay only in the space reserved for them, it being illegal
for them to enter places reserved for the voters or for the board of election
inspectors or to mingle and talk with the voters within the polling place.
It shall be unlawful for any officer or member of the Armed Forces of the
Philippines including the Philippine Constabulary or the Integrated National
Police or peace officer or any armed person belonging to any extra-legal
police agency, special forces, reaction forces, strike forces, home defense
units, barangay tanod, or other similar forces or para-military forces,
including special forces, security guards, special policeman, and all other
kinds of armed or unarmed extra-legal police officers, to enter any polling
place, unless it is his polling place where he will vote but in such case he
should immediately leave the polling place, no policeman or peace officer
shall be allowed to enter or stay inside the polling place except when there
is an actual disturbance of the peace and order therein. However, the board
of election inspectors upon majority vote, if it deems necessary, may make
a call in writing, duly entered in the minutes, for the detail of a policeman or
any peace officer for their protection or for the protection of the election
documents and paraphernalia, in which case, the said policeman or peace
officer shall stay outside the polling place within a radius of thirty meters
near enough to be easily called by the board of election inspectors at any
time, but never at the door, and in no case shall the said policeman or
peace officer hold any conversation with any voter or disturb or prevent or
in any manner obstruct the free access of the voters to the polling place. It
shall likewise be unlawful for any barangay official to enter and stay inside
any polling place except to vote or except when serving as a watcher or
member of the board of election inspectors, in which case, he shall leave
the polling place immediately after voting.
Sec. 193. Order of voting. - The voters shall vote in the order of their
entrance into the polling place. The voters shall have the right to freely
enter the polling place as soon as they arrive unless there are voters
waiting inside, in which case they shall fall in line in the order of their
arrival and shall not crowd around the table of the board of election
inspectors. The voters after having cast their votes shall immediately
depart.
Sec. 194. Manner of obtaining ballots. - The voter shall approach the
chairman and shall give his name and address together with other data
concerning his person. In case any member of the board of election
inspectors doubts the identity of the voter, the board of election inspectors
shall check his voter's identification card or, if he does not have any, the
board of election inspectors shall refer to his photograph and signature in
the voter's application for registration. If the board of election inspectors is
satisfied with his identity, the chairman shall distinctly announce the
voter's name in a tone loud enough to be plainly heard throughout the
polling place. If such voter has not been challenged, or if having been
challenged, the question has been decided in his favor, the voter shall
forthwith affix his signature in the proper space in the voting record, and
the chairman shall, after first entering the number of the ballot in the
corresponding space of the voting record, deliver to the voter one ballot
correctly folded. No person other than the chairman shall deliver official
ballots nor shall more than one ballot be delivered at one time.
Sec. 195. Manner of preparing the ballot. - The voter, upon receiving his
folded ballot, shall forthwith proceed to one of the empty voting booths and
shall there fill his ballot by writing in the proper space for each office the
name of the individual candidate for whom he desires to vote.
Sec. 196. Preparation of ballots for illiterate and disabled persons. - A voter
who is illiterate or physically unable to prepare the ballot by himself may be
assisted in the preparation of his ballot by a relative, by affinity or
consanguinity within the fourth civil degree or if he has none, by any
person of his confidence who belong to the same household or any
member of the board of election inspectors, except the two party members:
Provided, That no voter shall be allowed to vote as illiterate or physically
disabled unless it is so indicated in his registration record: Provided,
further, That in no case shall an assistor assist more than three times
except the non-party members of the board of election inspectors. The
person thus chosen shall prepare the ballot for the illiterate or disabled
voter inside the voting booth. The person assisting shall bind himself in a
formal document under oath to fill out the ballot strictly in accordance with
the instructions of the voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall constitute an election
offense.
The spoiled ballot shall, without being unfolded and without removing the
detachable coupon, be distinctly marked with the word "spoiled" and
signed by the board of election inspectors on the endorsement fold thereof
and immediately placed in the compartment for spoiled ballots.
Sec. 198. Voting. - (a) After the voter has filled his ballot he shall fold it in
the same manner as when he received it and return it to the chairman.
(c) The chairman, in the presence and view of the voter and all the
members of the board of election inspectors, without unfolding the
ballot or seeing its contents, shall verify its number from the voting
record where it was previously entered.
(d) The voter shall fortwith affix his thumbmark by the side of his
signature in the space intended for that purpose in the voting record
and the chairman shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available finger nail, if there
be no forefinger nail.
(e) The chairman shall sign in the proper space beside the
thumbmark of the voter.
Any ballot returned to the chairman whose detachable coupon has been
removed not in the presence of the board of election inspectors and of the
voter, or any ballot whose number does not coincide with the number of
the ballot delivered to the voter, as entered in the voting record, shall be
considered as spoiled and shall be so marked and signed by the members
of the board of election inspectors.
Sec. 199. Challenge of illegal voters. - (a) Any voter, or watcher may
challenge any person offering to vote for not being registered, for using the
name of another or suffering from existing disqualification. In such case,
the board of election inspectors shall satisfy itself as to whether or not the
ground for the challenge is true by requiring proof of registration or the
identity of the voter; and
(b) No voter shall be required to present his voter's affidavit on election day
unless his identity is challenged. His failure or inability to produce his
voter's affidavit upon being challenged, shall not preclude him from voting
if his identity be shown from the photograph, fingerprints, or specimen
signatures in his approved application in the book of voters or if he is
identified under oath by a member of the board of election inspectors and
such identification shall be reflected in the minutes of the board.
Sec. 200. Challenge based on certain illegal acts. - Any voter or watcher
may challenge any voter offering to vote on the ground that the challenged
person has received or expects to receive, has paid, offered or promised to
pay, has contributed, offered or promised to contribute money or anything
of value as consideration for his vote or for the vote of another; that he has
made or received a promise to influence the giving or withholding of any
such vote or that he has made a bet or is interested directly or indirectly in
a bet which depends upon the result of the election. The challenged person
shall take a prescribed oath before the board of election inspectors that he
has not committed any of the acts alleged in the challenge. Upon the taking
of such oath, the challenge shall be dismissed and the challenged voter
shall be allowed to vote, but in case of his refusal to take such oath, the
challenge shall be sustained and he shall not be allowed to vote.
Sec. 202. Record of challenges and oaths. - The poll clerk shall keep a
prescribed record of challenges and oaths taken in connection therewith
and the resolution of the board of election inspectors in each case and,
upon the termination of the voting, shall certify that it contains all the
challenges made. The original of this record shall be attached to the
original copy of the minutes of the voting as provided in the succeeding
section.
Sec. 203. Minutes of voting and counting of votes. - The board of election
inspectors shall prepare and sign a statement in four copies setting forth
the following:
3. The number of official ballots used and the number left unused;
15. The time the election returns were signed and sealed in their
respective special envelopes;
Sec. 204. Disposition of unused ballots at the close of the voting hours. -
The chairman of the board of election inspectors shall prepare a list
showing the number of unused ballots together with the serial numbers.
This list shall be signed by all the members of the board of election
inspectors, after which all the unused ballots shall be torn halfway in the
presence of the members of the board of election inspectors.
ARTICLE XVIII.
COUNTING OF VOTES
Sec. 207. Excess ballots. - Before proceeding to count the votes the board
of election inspectors shall count the ballots in the compartment for valid
ballots without unfolding them or exposing their contents, except so far as
to ascertain that each ballot is single, and compare the number of ballots in
the box with the number of voters who have voted. If there are excess
ballots, they shall be returned in the box and thoroughly mixed therein, and
the poll clerk, without seeing the ballots and with his back to the box, shall
publicly draw out as may ballots as may be equal to the excess and without
unfolding them, place them in an envelope which shall be marked "excess
ballots" and which shall be sealed and signed by the members of the board
of election inspectors. The envelope shall be placed in the compartment for
valid ballots, but its contents shall not be read in the counting of votes. If in
the course of the examination ballots are found folded together before they
were deposited in the box, they shall be placed in the envelope for excess
ballots. In case ballots with their detachable coupons be found in the box,
such coupons shall be removed and deposited in the compartment for
spoiled ballots, and the ballots shall be included in the file of valid ballots.
If ballots with the words "spoiled" be found in the box, such ballots shall
likewise be placed in the compartment for spoiled ballots.
Sec. 208. Marked ballots. - The board of election inspectors shall then
unfold the ballots and determine whether there are any marked ballots,
and, if any be found, they shall be placed in an envelope labelled "marked
ballots" which shall be sealed and signed by the members of the board of
election inspectors and placed in the compartment for valid ballots and
shall not be counted. A majority vote of the board of election inspectors
shall be sufficient to determine whether any ballot is marked or not. Non-
official ballots which the board of election inspectors may find, except
those which have been used as emergency ballots, shall be considered as
marked ballots.
Sec. 209. Compartment for spoiled ballots. - The ballots deposited in the
compartment for spoiled ballots shall be presumed to be spoiled ballots,
whether or not they contain such notation; but if the board of election
inspectors should find that during the voting any valid ballot was
erroneously deposited in this compartment, or if any ballot separated as
excess or marked had been erroneously deposited therein, the board of
election inspectors shall open said compartment after the voting and
before the counting of votes for the sole purpose of drawing out the ballots
erroneously deposited therein. It shall then prepare and sign a statement of
such fact and lock the box with its three keys immediately thereafter. The
valid ballots so withdrawn shall be mixed with the other valid ballots, and
the excess or marked ballots shall be placed in their proper envelopes
which shall for such purposes be opened and again labelled, sealed,
signed and kept as hereinafter provided.
Sec. 210. Manner of counting votes. - The counting of votes shall be made
in the following manner: the board of election inspectors shall unfold the
ballots and form separate piles of one hundred ballots each, which shall be
held together with rubber bands, with cardboard of the size of the ballots to
serve as folders. The chairman of the board of election inspectors shall
take the ballots of the first pile one by one and read the names of
candidates voted for and the offices for which they were voted in the order
in which they appear thereon, assuming such a position as to enable all of
the watchers to read such names. The chairman shall sign and affix his
right hand thumbmark at the back of the ballot immediately after it is
counted. The poll clerk, and the third member, respectively, shall record on
the election returns and the tally board or sheet each vote as the names
voted for each office are read.
Each vote shall be recorded by a vertical line, except every fifth vote which
shall be recorded by a diagonal line crossing the previous four vertical
lines. One party member shall see to it that the chairman reads the vote as
written on the ballot, and the other shall check the recording of the votes
on the tally board or sheet and the election returns seeing to it that the
same are correctly accomplished. After finishing the first pile of ballots, the
board of election inspectors shall determine the total number of votes
recorded for each candidate, the sum being noted on the tally board or
sheet and on the election returns. In case of discrepancy such recount as
may be necessary shall be made. The ballots shall then be grouped
together again as before the reading. Thereafter, the same procedure shall
be followed with the second pile of ballots and so on successively. After all
the ballots have been read, the board of election inspectors shall sum up
the totals recorded for each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on the election returns. It
shall then place the counted ballots in an envelope provided for the
purpose, which shall be closed signed and deposited in the compartment
for valid ballots. The tally board or sheet as accomplished and certified by
the board of election inspectors shall not be changed or destroyed but
shall be kept in the compartment for valid ballots.
Sec. 211. Rules for the appreciation of ballots. - In the reading and
appreciation of ballots, every ballot shall be presumed to be valid unless
there is clear and good reason to justify its rejection. The board of election
inspectors shall observe the following rules, bearing in mind that the object
of the election is to obtain the expression of the voter's will:
4. When two or more words are written on the same line on the
ballot, all of which are the surnames of two or more candidates, the
same shall not be counted for any of them, unless one is a surname
of an incumbent who has served for at least one year in which case it
shall be counted in favor of the latter.
When two or more words are written on different lines on the ballot
all of which are the surnames of two or more candidates bearing the
same surname for an office for which the law authorizes the election
of more than one and there are the same number of such surnames
written as there are candidates with that surname, the vote shall be
counted in favor of all the candidates bearing the surname.
5. When on the ballot is written a single word which is the first name
of a candidate and which is at the same time the surname of his
opponent, the vote shall be counted in favor of the latter.
6. When two words are written on the ballot, one of which is the first
name of the candidate and the other is the surname of his opponent,
the vote shall not be counted for either.
10. The erroneous initial of the first name which accompanies the
correct surname of a candidate, the erroneous initial of the surname
accompanying the correct first name of a candidate, or the
erroneous middle initial of the candidate shall not annul the vote in
favor of the latter.
11. The fact that there exists another person who is not a candidate
with the first name or surname of a candidate shall not prevent the
adjudication of the vote of the latter.
16. Any ballot written with crayon, lead pencil, or in ink, wholly or in
part, shall be valid.
17. Where there are two or more candidates voted for in an office for
which the law authorizes the election of only one, the vote shall not
be counted in favor of any of them, but this shall not affect the
validity of the other votes therein.
19. Any vote in favor of a person who has not filed a certificate of
candidacy or in favor of a candidate for an office for which he did not
present himself shall be considered as a stray vote but it shall not
invalidate the whole ballot.
21. Circles, crosses or lines put on the spaces on which the voter
has not voted shall be considered as signs to indicate his desistance
from voting and shall not invalidate the ballot.
22. Unless it should clearly appear that they have been deliberately
put by the voter to serve as identification marks, commas, dots,
lines, or hyphens between the first name and surname of a
candidate, or in other parts of the ballot, traces of the letter "T", "J",
and other similar ones, the first letters or syllables of names which
the voter does not continue, the use of two or more kinds of writing
and unintentional or accidental flourishes, strokes, or strains, shall
not invalidate the ballot.
23. Any ballot which clearly appears to have been filled by two
distinct persons before it was deposited in the ballot box during the
voting is totally null and void.
24. Any vote cast in favor of a candidate who has been disqualified
by final judgment shall be considered as stray and shall not be
counted but it shall not invalidate the ballot.
26. The accidental tearing or perforation of a ballot does not annul it.
27. Failure to remove the detachable coupon from a ballot does not
annul such ballot.
28. A vote for the President shall also be a vote for the Vice-
President running under the same ticket of a political party, unless
the voter votes for a Vice-President who does not belong to such
party.
Sec. 212. Election returns. - The board of election inspectors shall prepare
the election returns simultaneously with the counting of the votes in the
polling place as prescribed in Section 210 hereof. The return shall be
prepared in sextuplicate. The recording of votes shall be made as
prescribed in said section. The entry of votes in words and figures for each
candidate shall be closed with the signature and the clear imprint of the
thumbmark of the right hand of all the members, likewise to be affixed in
full view of the public, immediately after the last vote recorded or
immediately after the name of the candidate who did not receive any vote.
The returns shall also show the date of the election, the polling place, the
barangay and the city of municipality in which it was held, the total number
of ballots found in the compartment for valid ballots, the total number of
valid ballots withdrawn from the compartment for spoiled ballots because
they were erroneously placed therein, the total number of excess ballots,
the total number of marked or void ballots, and the total number of votes
obtained by each candidate, writing out the said number in words and
figures and, at the end thereof, the board of election inspectors shall certify
that the contents are correct. The returns shall be accomplished in a single
sheet of paper, but if this is not possible, additional sheets may be used
which shall be prepared in the same manner as the first sheet and likewise
certified by the board of election inspectors.
The Commission shall take steps so that the entries on the first copy of the
election returns are clearly reproduced on the second, third, fourth, fifth,
and sixth copies thereof, and for this purpose the Commission shall use a
special kind of paper.
Any election return with a separately printed serial number or which bears
a different serial number from that assigned to the particular polling place
concerned shall not be canvassed. This is to be determined by the board of
canvassers prior to its canvassing on the basis of the certification of the
provincial, city or municipal treasurer as to the serial number of the
election return assigned to the said voting precinct, unless the
Commission shall order in writing for its canvassing, stating the reason for
the variance in serial numbers.
Sec. 213. Proclamation of the result of the election in the polling place. -
Upon the completion of the election returns, the chairman of the board of
election inspectors shall orally and publicly announce the total number of
votes received in the election in the polling place by each and every one of
the candidates, stating their corresponding office.
(2) In the election for Members of the Batasang Pambansa: the original of
the election returns shall be delivered to the election registrar of the city or
municipality for transmittal to the chairman of the provincial board of
canvassers, and direct to the chairman of the city or district board of
canvassers in the urbanized cities and the districts of Metropolitan Manila,
as the case may be, for use in the canvass. The second copy shall likewise
be delivered to the election registrar for transmittal to the Commission. The
third copy shall be deposited in the compartment for valid ballots. The
fourth copy shall be delivered to the election registrar who shall use said
copy in the tabulation of the advance results of the election in the city or
municipality. The fifth and sixth copies shall each respectively be delivered
to the members representing political parties represented in the board of
election inspectors.
(3) In local elections: the original copy of the election returns shall be
delivered to the city or municipal board of canvassers as a body for its use
in the city of municipal canvass. The second copy shall be delivered to the
election registrar of the city or municipality for transmittal to the provincial
board of canvassers as a body for its use in the provincial canvass. The
third copy shall likewise be delivered to the election registrar for
transmittal to the Commission. The fourth copy shall be deposited in the
compartment for valid ballots. The fifth and sixth copies shall each
respectively be delivered to the members representing the political parties
represented in the board of election inspectors.
The Commission shall promulgate rules for the speedy and safe delivery of
the election returns.
After the announcement of the results of the election in the polling place
has been made, the board of election inspectors shall not make any
alteration or amendment in any of the copies of the election returns, unless
so ordered by the Commission upon petition of the members of the board
of election inspectors within five days from the date of the election or
twenty-four hours from the time a copy of the election returns concerned is
opened by the board of canvassers, whichever is earlier. The petition shall
be accompanied by proof of service upon all candidates affected. If the
petition is by all members of the board of election inspectors and the
results of the election would not be affected by said correction and none of
the candidates affected objects thereto, the Commission, upon being
satisfied of the veracity of the petition and of the error alleged therein, shall
order the board of election inspectors to make the proper correction on the
election returns.
Sec. 217. Delivery of the ballot boxes, keys and election supplies and
documents. - Upon the termination of the counting of votes, the board of
election inspectors shall place in the compartment for valid ballots, the
envelopes for used ballots hereinbefore referred to, the unused ballots, the
tally board or sheet, a copy of the election returns, and the minutes of its
proceedings, and then shall lock the ballot box with three padlocks and
such safety devices as the Commission may prescribe. Immediately after
the box is locked, the three keys of the padlocks shall be placed in three
separate envelopes and shall be sealed and signed by all the members of
the board of election inspectors. The authorized representatives of the
Commission shall forthwith take delivery of said envelopes, signing a
receipt therefor, and deliver without delay one envelope to the provincial
treasurer, another to the provincial fiscal and the other to the provincial
election supervisor.
The ballot box, all supplies of the board of election inspectors and all
pertinent papers and documents shall immediately be delivered by the
board of election inspectors and the watchers to the city or municipal
treasurer who shall keep his office open all night on the day of election if
necessary for this purpose, and shall provide the necessary facilities for
said delivery at the expense of the city or municipality. The book of voters
shall be returned to the election registrar who shall keep it under his
custody. The treasurer and the election registrar, as the case may be, shall
on the day after the election require the members of the board of election
inspectors who failed to send the objects referred to herein to deliver the
same to him immediately and acknowledge receipt thereof in detail.
Sec. 218. Preservation of the voting record. - The voting record of each
polling place shall be delivered to the election registrar who shall have
custody of the same, keeping them in a safe place, until such time that the
Commission shall give instructions on their disposition.
Sec. 219. Preservation of the ballot boxes, their keys and disposition of
their contents. - (a) The provincial election supervisor, the provincial
treasurer and the provincial fiscal shall keep the envelope containing the
keys in their possession intact during the period of three months following
the election. Upon the lapse of this period, unless the Commission has
ordered otherwise, the provincial election supervisor and the provincial
fiscal shall deliver to the provincial treasurer the envelope containing the
keys under their custody.
(b) The city and municipal treasurer shall keep the ballot boxes under their
responsibility for three months and stored unopened in a secure place,
unless the Commission orders otherwise whenever said ballot boxes are
needed in any political exercise which might be called within the said
period, provided these are not involved in any election contest or official
investigation, or the Commission or other competent authority shall
demand them sooner or shall order their preservation for a longer time in
connection with any pending contest or investigation. However, upon
showing by any candidate that the boxes will be in danger of being violated
if kept in the possession of such officials, the Commission may order them
kept by any other official whom it may designate. Upon the lapse of said
time and if there should be no order to the contrary, the Commission may
authorize the city and municipal treasurer in the presence of its
representative to open the boxes and burn their contents, except the copy
of the minutes of the voting and the election returns deposited therein
which they shall take and keep.
Sec. 220. Documents and articles omitted or erroneously placed inside the
ballot box. - If after the delivery of the keys of the ballot box to the proper
authorities, the board of election inspectors shall discover that some
documents or articles required to be placed in the ballot box were not
placed therein, the board of election inspectors, instead of opening the
ballot box in order to place therein said documents or articles, shall deliver
the same to the Commission or its duly authorized representatives. In no
instance shall the ballot box be reopened to place therein or take out
therefrom any document or article except to retrieve copies of the election
returns which will be needed in any canvass and in such excepted
instances, the members of the board of election inspectors and watchers of
the candidates shall be notified of the time and place of the opening of said
ballot box: Provided, however, That if there are other copies of the election
returns outside of the ballot box which can be used in canvass, such
copies of the election returns shall be used in said canvass and the
opening of the ballot box to retrieve copies of the election returns placed
therein shall then be dispensed with.
ARTICLE XIX.
CANVASS AND PROCLAMATION
Sec. 222. Relationship with candidates and other members. - The chairman
and the members of the board of canvassers shall not be related within the
fourth civil degree of consanguinity or affinity to any of the candidates
whose votes will be canvassed by said board, or to any member of the
same board.
Sec. 223. Prohibition against leaving official station. - During the period
beginning election day until the proclamation of the winning candidates, no
member or substitute member of the different boards of canvassers shall
be transferred, assigned or detailed outside of his official station, nor shall
he leave said station without prior authority of the Commission.
Sec. 225. Vote required. - A majority vote of all the members of the board of
canvassers shall be necessary to render a decision.
Any member of the board of canvassers may, at any time, be relieved for
cause and substituted motu proprio by the Commission.
Sec. 228. Notice of meeting of the board. - At least five days before the
meeting of the board, the chairman of the board shall give notice to all
members thereof and to each candidate and political party of the date, time
and place of the meeting.
Sec. 229. Manner of delivery and transmittal of election returns. - (a) For the
city and municipal board of canvassers, the copy of the election returns of
a polling place intended for the city or municipal board of canvassers, duly
placed inside a sealed envelope signed and affixed with the imprint of the
thumb of the right hand of all the members of the board of election
inspectors, shall be personally delivered by the members of the board of
election inspectors to the city or municipal board of canvassers under
proper receipt to be signed by all the members thereof.
The election registrar concerned shall place all the returns intended for the
board of canvassers inside a ballot box provided with three padlocks
whose keys shall be kept as follows: one by the election registrar, another
by the representative of the ruling party and the third by the representative
of the dominant political opposition party.
For this purpose, the two political parties shall designate their
representatives whose names shall be submitted to the election registrar
concerned on or before the tenth day preceding the election. The three in
possession of the keys shall personally transmit the ballot box, properly
locked, containing the election returns to the board of canvassers.
Watchers of political parties, coalition of political parties, and of
organizations collectively authorized by the Commission to designate
watchers shall have the right to accompany transmittal of the ballot boxes
containing the election returns.
It shall be unlawful for any person to delay, obstruct, impede or prevent
through force, violence, coercion, intimidation or by any means which
vitiates consent, the transmittal of the election returns or to take away,
abscond with, destroy, deface or mutilate or substitute the election returns
or the envelope or the ballot box containing the election returns or to
violate the right of the watchers.
The watchers of the political parties, coalition of political parties and the
candidates shall have the right to accompany the members of the board of
election inspectors or the election registrar in making the delivery to the
boards of canvassers.
Sec. 231. Canvass by the board. - The board of canvassers shall meet not
later than six o'clock in the afternoon of election day at the place
designated by the Commission to receive the election returns and to
immediately canvass those that may have already been received. It shall
meet continuously from day to day until the canvass is completed, and may
adjourn but only for the purpose of awaiting the other election returns from
other polling places within its jurisdiction. Each time the board adjourns, it
shall make a total of all the votes canvassed so far for each candidate for
each office, furnishing the Commission in Manila by the fastest means of
communication a certified copy thereof, and making available the data
contained therein to the mass media and other interested parties. As soon
as the other election returns are delivered, the board shall immediately
resume canvassing until all the returns have been canvassed.
With respect to the election for President and Vice-President, the provincial
and city boards of canvassers shall prepare in quintuplicate a certificate of
canvass supported by a statement of votes received by each candidate in
each polling place and transmit the first copy thereof to the Speaker of the
Batasang Pambansa. The second copy shall be transmitted to the
Commission, the third copy shall be kept by the provincial election
supervisor or city election registrar; the fourth and the fifth copies to each
of the two accredited political parties.
Sec. 232. Persons not allowed inside the canvassing room. - It shall be
unlawful for any officer or member of the Armed Forces of the Philippines,
including the Philippine Constabulary, or the Integrated National Police or
any peace officer or any armed or unarmed persons belonging to an extra-
legal police agency, special forces, reaction forces, strike forces, home
defense forces, barangay self-defense units, barangay tanod, or of any
member of the security or police organizations of government ministries,
commissions, councils, bureaus, offices, instrumentalities, or government-
owned or controlled corporations or their subsidiaries or of any member of
a privately owned or operated security, investigative, protective or
intelligence agency performing identical or similar functions to enter the
room where the canvassing of the election returns are held by the board of
canvassers and within a radius of fifty meters from such room: Provided,
however, That the board of canvassers by a majority vote, if it deems
necessary, may make a call in writing for the detail of policemen or any
peace officers for their protection or for the protection of the election
documents and paraphernalia in the possession of the board, or for the
maintenance of peace and order, in which case said policemen or peace
officers, who shall be in proper uniform, shall stay outside the room within
a radius of thirty meters near enough to be easily called by the board of
canvassers at any time.
Sec. 233. When the election returns are delayed, lost or destroyed. - In case
its copy of the election returns is missing, the board of canvassers shall,
by messenger or otherwise, obtain such missing election returns from the
board of election inspectors concerned, or if said returns have been lost or
destroyed, the board of canvassers, upon prior authority of the
Commission, may use any of the authentic copies of said election returns
or a certified copy of said election returns issued by the Commission, and
forthwith direct its representative to investigate the case and immediately
report the matter to the Commission.
The board of canvassers, notwithstanding the fact that not all the election
returns have been received by it, may terminate the canvass and proclaim
the candidates elected on the basis of the available election returns if the
missing election returns will not affect the results of the election.
Sec. 237. When integrity of ballots is violated. - If upon the opening of the
ballot box as ordered by the Commission under Sections 234, 235 and 236,
hereof, it should appear that there are evidence or signs of replacement,
tampering or violation of the integrity of the ballots, the Commission shall
not recount the ballots but shall forthwith seal the ballot box and order its
safekeeping.
Sec. 240. Election resulting in tie. - Whenever it shall appear from the
canvass that two or more candidates have received an equal and highest
number of votes, or in cases where two or more candidates are to be
elected for the same position and two or more candidates received the
same number of votes for the last place in the number to be elected, the
board of canvassers, after recording this fact in its minutes, shall by
resolution, upon five days notice to all the tied candidates, hold a special
public meeting at which the board of canvassers shall proceed to the
drawing of lots of the candidates who have tied and shall proclaim as
elected the candidates who may be favored by luck, and the candidates so
proclaimed shall have the right to assume office in the same manner as if
he had been elected by plurality of vote. The board of canvassers shall
forthwith make a certificate stating the name of the candidate who had
been favored by luck and his proclamation on the basis thereof.
ARTICLE XX.
PRE-PROCLAMATION CONTROVERSIES
The board of canvassers shall not proclaim any candidate as winner unless
authorized by the Commission after the latter has ruled on the objections
brought to it on appeal by the losing party and any proclamation made in
violation hereof shall be void ab initio, unless the contested returns will not
adversely affect the results of the election.
ARTICLE XXI.
ELECTION CONTESTS
Sec. 253. Petition for quo warranto. - Any voter contesting the election of
any Member of the Batasang Pambansa, regional, provincial, or city officer
on the ground of ineligibility or of disloyalty to the Republic of the
Philippines shall file a sworn petition for quo warranto with the
Commission within ten days after the proclamation of the results of the
election.
(b) The protestee shall answer the protest within five days after
receipt of the summons, or, in case there has been no summons
from the date of his appearance and in all cases before the
commencement of the hearing of the protest or contest. The answer
shall deal only with the election in the polling places which are
covered by the allegations of the contest;
(c) Should the protestee desire to impugn the votes received by the
protestant in other polling places, he shall file a counter-protest
within the same period fixed for the answer serving a copy thereof
upon the protestant by registered mail or by personal delivery or
through the sheriff;
(d) The protestant shall answer the counter-protest within five days
after notice;
(e) Within the period of five days counted from the filing of the
protest any other candidate for the same office may intervene in the
case as other contestants and ask for affirmative relief in his favor by
a petition in intervention, which shall be considered as another
contest, except that it shall be substantiated within the same
proceedings. The protestant or protestee shall answer the protest in
intervention within five days after notice;
Sec. 256. Appeals. - Appeals from any decision rendered by the regional
trial court under Section 251 and paragraph two, Section 253 hereof with
respect to quo warranto petitions filed in election contests affecting
municipal officers, the aggrieved party may appeal to the Intermediate
Appellate Court within five days after receipt of a copy of the decision. No
motion for reconsideration shall be entertained by the court. The appeal
shall be decided within sixty days after the case has been submitted for
decision.
Sec. 257. Decision in the Commission. - The Commission shall decide all
election cases brought before it within ninety days from the date of their
submission for decision. The decision of the Commission shall become
final thirty days after receipt of judgment.
Sec. 258. Preferential disposition of contests in courts. - The courts, in their
respective cases, shall give preference to election contests over all other
cases, except those of habeas corpus, and shall without delay, hear and,
within thirty days from the date of their submission for decision, but in
every case within six months after filing, decide the same.
Sec. 260. Notice of decisions. - The clerk of court and the corresponding
official in the Commission before whom an election contest or a quo
warranto proceeding has been instituted or where the appeal of said case
has been taken shall notify immediately the President of the Philippines of
the final disposition thereof. In election contests involving provincial, city,
municipal, or barangay offices, notice of such final disposition shall also
be sent to the secretary of the local sanggunian concerned. If the decision
be that none of the parties has been legally elected, said official shall
certify such decision to the President of the Philippines and, in appropriate
cases, to the Commission.
ARTICLE XXII.
ELECTION OFFENSES
(c) Wagering upon result of election. - Any person who bets or wagers
upon the outcome of, or any contingency connected with an election. Any
money or thing of value or deposit of money or thing of value situated
anywhere in the Philippines put as such bet or wager shall be forfeited to
the government.
(f) Coercion of election officials and employees. - Any person who, directly
or indirectly, threatens, intimidates, terrorizes or coerces any election
official or employee in the performance of his election functions or duties.
(2) Any government official who promotes, or gives any increase of salary
or remuneration or privilege to any government official or employee,
including those in government-owned or controlled corporations.
(h) Transfer of officers and employees in the civil service. - Any public
official who makes or causes any transfer or detail whatever of any officer
or employee in the civil service including public school teachers, within the
election period except upon prior approval of the Commission.
(j) Undue influence. - It is unlawful for any person to promise any office or
employment, public or private, or to make or offer to make an expenditure,
directly or indirectly, or to cause an expenditure to be made to any person,
association, corporation or entity, which may induce anyone or the public
in general either to vote or withhold his vote, or to vote for or against any
candidate in any election or any aspirant for the nomination or selection of
an official candidate in a convention of a political party. It is likewise
unlawful for any person, association, corporation or community, to solicit
or receive, directly or indirectly, any expenditure or promise or any office,
or employment, public or private, for any of the foregoing considerations.
(n) Illegal release of prisoners before and after election. - The Director of
the Bureau of Prisons, any provincial warden, the keeper of the jail or the
person or persons required by law to keep prisoners in their custody who
illegally orders or allows any prisoner detained in the national penitentiary,
or the provincial, city or municipal jail to leave the premises thereof sixty
days before and thirty days after the election. The municipal or city warden,
the provincial warden, the keeper of the jail or the person or persons
required by law to keep prisoners in their custody shall post in three
conspicuous public places a list of the prisoners or detention prisoners
under their care. Detention prisoners must be categorized as such.
(p) Deadly weapons. - Any person who carries any deadly weapon in the
polling place and within a radius of one hundred meters thereof during the
days and hours fixed by law for the registration of voters in the polling
place, voting, counting of votes, or preparation of the election returns.
However, in cases of affray, turmoil, or disorder, any peace officer or public
officer authorized by the Commission to supervise the election is entitled
to carry firearms or any other weapon for the purpose of preserving order
and enforcing the law.
This prohibition shall not apply to cashiers and disbursing officers while in
the performance of their duties or to persons who by nature of their official
duties, profession, business or occupation habitually carry large sums of
money or valuables.
(r) Use of armored land, water or air craft. - Any person who uses during
the campaign period, on the day before and on election day, any armored
land, water or air craft, provided with any temporary or permanent
equipment or any other device or contraption for the mounting or
installation of cannons, machine guns and other similar high caliber
firearms, including military type tanks, half trucks, scout trucks, armored
trucks, of any make or model, whether new, reconditioned, rebuilt or
remodelled: Provided, That banking or financial institutions and all
business firms may use not more than two armored vehicles strictly for,
and limited to, the purpose of transporting cash, gold bullion or other
valuables in connection with their business from and to their place of
business, upon previous authority of the Commission.
(s) Wearing of uniforms and bearing arms. - During the campaign period,
on the day before and on election day, any member of security or police
organization of government agencies, commissions, councils, bureaus,
offices, or government-owned or controlled corporations, or privately-
owned or operated security, investigative, protective or intelligence
agencies, who wears his uniform or uses his insignia, decorations or
regalia, or bears arms outside the immediate vicinity of his place of work:
Provided, That this prohibition shall not apply when said member is in
pursuit of a person who has committed or is committing a crime in the
premises he is guarding; or when escorting or providing security for the
transport of payrolls, deposits, or other valuables; or when guarding the
residence of private persons or when guarding private residences,
buildings or offices: Provided, further, That in the last case prior written
approval of the Commission shall be obtained. The Commission shall
decide all applications for authority under this paragraph within fifteen
days from the date of the filing of such application.
During the same period, and ending thirty days thereafter any member of
the Armed Forces of the Philippines, special, forces, home defense forces,
barangay self-defense units and all other para-military units that now exist
or which may hereafter be organized who wears his uniform or bears arms
outside the camp, garrison or barracks to which he is assigned or detailed
or outside their homes, in case of members of para-military units, unless
(1) the President of the Philippines shall have given previous authority
therefor, and the Commission notified thereof in writing, or (2) the
Commission authorizes him to do so, which authority it shall give only
when necessary to assist it in maintaining free, orderly and honest
elections, and only after notice and hearing. All personnel of the Armed
Forces authorized by the President or the Commission to bear arms or
wear their uniforms outside their camps and all police and peace officers
shall bear their true name, rank and serial number, if any, stitched in block
letters on a white background on the left breast of their uniform, in letters
and numbers of a clearly legible design at least two centimeters tall, which
shall at all times remain visible and uncovered.
During the election period, whenever the Commission finds it necessary for
the promotion of free, orderly, honest and peaceful elections in a specific
area, it shall confiscate or order the confiscation of firearms of any member
or members of the Armed Forces of the Philippines, police forces, home
defense forces, barangay self-defense units, and all other para-military
units that now exist, or which may hereafter be organized, or any member
or members of the security or police organization, government ministries,
commissions, councils, bureaus, offices, instrumentalities, or government-
owned or controlled corporations and other subsidiaries, or of any member
or members of privately owned or operated security, investigative,
protective or intelligence agencies performing identical or similar
functions.
The heads of all reaction forces, strike forces, or similar forces shall, not
later than forty-five days before the election, submit to the Commission a
complete list of all members thereof with such particulars as the
Commission may require.
(2) The Ministry of Social Services and Development and any other
office in other ministries of the government performing functions
similar to said ministry, except for salaries of personnel, and for
such other routine and normal expenses, and for such other
expenses as the Commission may authorize after due notice and
hearing. Should a calamity or disaster occur, all releases normally or
usually coursed through the said ministries and offices of other
ministries shall be turned over to, and administered and disbursed
by, the Philippine National Red Cross, subject to the supervision of
the Commission on Audit or its representatives, and no candidate or
his or her spouse or member of his family within the second civil
degree of affinity or consanguinity shall participate, directly or
indirectly, in the distribution of any relief or other goods to the
victims of the calamity or disaster; and
(3) The Ministry of Human Settlements and any other office in any
other ministry of the government performing functions similar to
said ministry, except for salaries of personnel and for such other
necessary administrative or other expenses as the Commission may
authorize after due notice and hearing.
(1) Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to register
as a voter in an election, plebiscite or referendum in which he is
qualified to vote.
(5) Any person who, being a registered voter, registers anew without
filing an application for cancellation of his previous registration.
(6) Any person who registers in substitution for another whether with
or without the latter's knowledge or consent.
(7) Any person who tampers with or changes without authority any
data or entry in any voter's application for registration.
(10) Any person who uses the voter's affidavit of another for the
purpose of voting, whether or not he actually succeeds in voting.
(14) Any person who delivers, hands over, entrusts, gives, directly or
indirectly his voter's affidavit to another in consideration of money or
other benefit or promises thereof, or takes or accepts such voter's
affidavit directly or indirectly, by giving or causing the giving of
money or other benefit or making or causing the making of a
promise thereof.
(15) Any person who alters in any manner, tears, defaces, removes
or destroys any certified list of voters.
(z) On voting:
(1) Any person who fails to cast his vote without justifiable excuse.
(2) Any person who votes more than once in the same election, or who, not
being a registered voter, votes in an election.
(3) Any person who votes in substitution for another whether with or
without the latter's knowledge and/or consent.
(4) Any person who, not being illiterate or physically disabled, allows his
ballot to be prepared by another, or any person who prepares the ballot of
another who is not illiterate or physically disabled, with or without the
latter's knowledge and/or consent.
(5) Any person who avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting his vote or who
has just voted.
(6) Any voter who, in the course of voting, uses a ballot other than the one
given by the board of election inspectors or has in his possession more
than one official ballot.
(7) Any person who places under arrest or detains a voter without lawful
cause, or molests him in such a manner as to obstruct or prevent him from
going to the polling place to cast his vote or from returning home after
casting his vote, or to compel him to reveal how he voted.
(8) Any member of the board of election inspectors charged with the duty
of reading the ballot during the counting of votes who deliberately omits to
read the vote duly written on the ballot, or misreads the vote actually
written thereon or reads the name of a candidate where no name is written
on the ballot.
(9) Any member of the board of election inspectors charged with the duty
of tallying the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote therein or records
erroneously the votes as read, or records a vote where no such vote has
been read by the chairman.
(10) Any member of a board of election inspectors who has made possible
the casting of more votes than there are registered voters.
(11) Any person who, for the purpose of disrupting or obstructing the
election process or causing confusion among the voters, propagates false
and alarming reports or information or transmits or circulates false orders,
directives or messages regarding any matter relating to the printing of
official ballots, the postponement of the election, the transfer of polling
place or the general conduct of the election.
(12) Any person who, without legal authority, destroys, substitutes or takes
away from the possession of those having legal custody thereof, or from
the place where they are legally deposited, any election form or document
or ballot box which contains official ballots or other documents used in the
election.
(13) Any person having legal custody of the ballot box containing the
official ballots used in the election who opens or destroys said box or
removes or destroys its contents without or against the order of the
Commission or who, through his negligence, enables any person to
commit any of the aforementioned acts, or takes away said ballot box from
his custody.
(14) Any member of the board of election inspectors who knowingly uses
ballots other than the official ballots, except in those cases where the use
of emergency ballots is authorized.
(16) Any person who reveals the contents of the ballot of an illiterate or
disabled voter whom he assisted in preparing a ballot.
(17) Any person who, without authority, transfers the location of a polling
place.
(18) Any person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election returns
or who distributes or causes the same to be distributed for use in the
election, whether or not they are actually used.
(19) Any person who, without authority, keeps, uses or carries out or
causes to be kept, used or carried out, any official ballot or election returns
or printed proof thereof, type-form mould, electro-type printing plates and
any other plate, numbering machines and other printing paraphernalia
being used in connection with the printing of official ballots or election
returns.
(21) Any person who, through any act, means or device, violates the
integrity of any official ballot or election returns before or after they are
used in the election.
(22) Any person who removes, tears, defaces or destroys any certified list
of candidates posted inside the voting booths during the hours of voting.
(23) Any person who holds or causes the holding of an election on any
other day than that fixed by law or by the Commission, or stops any
election being legally held.
(24) Any person who deliberately blurs his fingerprint in the voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fails to give due notice of
the date, time and place of the meeting of said board to the candidates,
political parties and/or members of the board.
(2) Any member of the board of canvassers who proceeds with the canvass
of the votes and/or proclamation of any candidate which was suspended or
annulled by the Commission.
(3) Any member of the board of canvassers who proceeds with the canvass
of votes and/or proclamation of any candidate in the absence of quorum, or
without giving due notice of the date, time and place of the meeting of the
board to the candidates, political parties, and/or other members of the
board.
(4) Any member of the board of canvassers who, without authority of the
Commission, uses in the canvass of votes and/or proclamation of any
candidate any document other than the official copy of the election
returns.
(3) Any person who, being ineligible for appointment as member of any
board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as a
member thereof, or any of public officer or any person acting in his behalf
who appoints such ineligible person knowing him to be ineligible.
(4) Any person who, in the presence or within the hearing of any board of
election inspectors or board of canvassers during any of its meetings,
conducts himself in such a disorderly manner as to interrupt or disrupt the
work or proceedings to the end of preventing said body from performing its
functions, either partly or totally.
(5) Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers or who
changes or causes the change of the assignments of any member of said
board of election inspectors or board of canvassers without authority of
the Commission.
(5) Any person who, by any device or means, jams, obstructs or interferes
with a radio or television broadcast of any lawful political program.
(6) Any person who solicits votes or undertakes any propaganda, on the
day of election, for or against any candidate or any political party within the
polling place or within a radius of thirty meters thereof.
(1) Any person who sells, furnishes, offers, buys, serves or takes
intoxicating liquor on the days fixed by law for the registration of voters in
the polling place, or on the day before the election or on election day:
Provided, That hotels and other establishments duly certified by the
Ministry of Tourism as tourist oriented and habitually in the business of
catering to foreign tourists may be exempted for justifiable reasons upon
prior authority of the Commission: Provided, further, That foreign tourists
taking intoxicating liquor in said authorized hotels or establishments are
exempted from the provisions of this subparagraph.
(2) Any person who opens in any polling place or within a radius of thirty
meters thereof on election day and during the counting of votes, booths or
stalls of any kind for the sale, dispensing or display of wares, merchandise
or refreshments, whether solid or liquid, or for any other purposes.
(3) Any person who holds on election day, fairs, cockfights, boxing, horse
races, jai-alai or any other similar sports.
(5) Prohibition against discrimination in the sale of air time. - Any person
who operates a radio or television station who without justifiable cause
discriminates against any political party, coalition or aggroupment of
parties or any candidate in the sale of air time. In addition to the penalty
prescribed herein, such refusal shall constitute a ground for cancellation or
revocation of the franchise.
Sec. 265. Prosecution. - The Commission shall, through its duly authorized
legal officers, have the exclusive power to conduct preliminary
investigation of all election offenses punishable under this Code, and to
prosecute the same. The Commission may avail of the assistance of other
prosecuting arms of the government: Provided, however, That in the event
that the Commission fails to act on any complaint within four months from
his filing, the complainant may file the complaint with the office of the fiscal
or with the Ministry of Justice for proper investigation and prosecution, if
warranted.
Any officer or a person who shall violate any provision of this section shall
be punished by imprisonment of not less than six (6) years and one (1) day
nor more than twelve (12) years, with the accessory penalties for election
offenses. The provision of Section 267 of this Code shall not apply to
prosecution under this section.
Sec. 267. Prescription. - Election offenses shall prescribe after five years
from the date of their commission. If the discovery of the offense be made
in an election contest proceedings, the period of prescription shall
commence on the date on which the judgment in such proceedings
becomes final and executory.
Sec. 268. Jurisdiction of courts. - The regional trial court shall have the
exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of this Code, except those relating to the offense
of failure to register or failure to vote which shall be under the jurisdiction
of the metropolitan or municipal trial courts. From the decision of the
courts, appeal will lie as in other criminal cases.
ARTICLE XXIII.
LEGAL FEES
(d) In appropriate cases, for filing a second and succeeding motions for
reconsideration 50.00
(e) For every search of any record of more than one year's standing and
reading the same 10.00
Sec. 271. Payment of Fees. - The fees mentioned in the preceding section
shall be paid to the cashier of the Commission who shall in all cases issue
a receipt for the same and shall enter the amount received upon his book
specifying the date when received, the fee, and the person from whom
received. The cashier shall immediately report such payment to the
Commission.
ARTICLE XXIV.
TRANSITORY PROVISIONS
Sec. 272. Pending actions. - Pending actions and causes of action arising
before the effectivity of this Code shall be governed by the laws then in
force.
The chairman and the poll clerk of the board of election inspectors shall
receive per diem at the rate of one hundred pesos on election day and fifty
pesos on each of the registration and revision days. The inspectors of the
political parties shall be granted a per diem of fifty pesos on election day
and twenty-five pesos on each of the registration and revision days.
Education support personnel of the Ministry of Education, Culture and
Sports shall receive a per diem of twenty-five pesos during election day.
Payments of per diems under this section shall be made within seventy-two
hours after the election or registration day.
The chairman, poll clerk and party representatives in the board of election
inspectors shall be insured with the government Service Insurance System
at fifty thousand pesos each under terms and conditions that shall be
agreed upon by the Chairman of the Commission, the Ministries of the
Budget, and the Minister of Education, Culture and Sports.
Sec. 277. Special election for President before 1987. - In case a vacancy in
the Office of the President occurs before the presidential election in 1987,
the Speaker of the Batasang Pambansa shall act as President until a
President and a Vice-President or either of them shall have been elected
and shall have qualified. Their term of office shall commence at noon of the
tenth day following their proclamation, and shall end at noon on the
thirtieth day of June of the sixth year thereafter.
The Acting President may not declare martial law or suspend the privilege
of the writ of habeas corpus without the prior consent of at least a majority
of all the Members of the Batasang Pambansa, or issue any decree, order
or letter of instructions while the lawmaking power of the President is in
force. He shall be deemed automatically on leave and the Speaker Pro-
Tempore shall act as Speaker. While acting as President, the Speaker may
not be removed. He shall not be eligible for election in the immediately
succeeding election for President and Vice-President.
The Batasang Pambansa shall, at ten o'clock in the morning of the third
day after the vacancy occurs, convene in accordance with its rules without
need of a call and within seven days enact a law calling for a special
election to elect a President and a Vice-president to be held not earlier than
forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph (2),
Section 19, Article VIII of the Constitution and shall become law upon its
approval on third reading by the Batasang Pambansa. Appropriations for
the special election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph (4), Section 16 of
Article VIII of the Constitution. As provided in the third paragraph, Section
9 of Article VII thereof, the convening of the Batasang Pambansa cannot be
suspended nor the special election postponed. No special election shall be
called if the vacancy occurs within seventy days before the date of the
presidential election of 1987.
Appointments extended by the Acting President shall remain effective,
unless revoked by the newly elected President within ninety days from his
assumption of office.
ARTICLE XXV.
FINAL PROVISIONS
Sec. 281. Separability clause. - If for any reason any section or provision of
this Code, or any portion thereof, or the application of such section,
provision or portion to any person, group or circumstance is declared
invalid or unconstitutional, the remainder of this Code or the application of
such section, provision or portion thereof to other persons, groups or
circumstances shall not be affected by such declaration.
Sec. 283. Effectivity. - This Code shall take effect upon its approval.
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